HomeMy WebLinkAboutRAS23-000082 - Declaration of Restrictive Covenant - ADULAND TYPE Abstract (A)
DOC NUM 11268550
Certified, filed and/or recorded on
Mar 6, 2024 3:55 PM
Office of the County Recorder
Hennepin County, Minnesota
Amber Bougie, County Recorder
Daniel Rogan, County Auditor and Treasurer
Deputy 184 Pkg ID 2651821E
Document Recording Fee 46.00
Document Total 46.00
This cover sheet is now a permanent part of the recorded document.
reservedfor recording)
DECLARATION OF RESTRICTIVE COVENANT
THIS DECLARATION OF RESTRICTIVE COVENANTS (the "Declaration"), is
made this - day of , 2024, by MICHAEL CLARK and MARCY
CLARK, married to each other ("Declar is").
WHEREAS, Declarants are the fee owners of real property located at 565 Leaf Street,
Orono, Minnesota [PIN 05-117-23-41-0028], Orono, Minnesota, legally described as: Lot 3, Block
1, Fox Hollow, Hennepin County, Minnesota ("Subject Property"); and
WHEREAS, Declarants have applied to the City of Orono for Permit No. RAS23-000082
Permit") which will allow the Subject Property to be utilized as an Accessory Dwelling UnitADU") to Declarants' single-family dwelling; and
WHEREAS, as a condition of issuance of the Permit and pursuant to Orono City Code
Section 78-1433, the Declarants agree to impose upon and subject the Subject Property to certain
covenants, conditions, restrictions and reservations for the benefit of the City, the Subject Property,
and its present and future owners;
NOW, THEREFORE, the undersigned parties hereby declare, impose upon, create and
establish the covenants, conditions and restrictions upon the Subject Property as follows:
1. COMPLIANCE. Declarants shall abide by the following:
No more than one ADU shall be permitted on a lot or parcel.
The total floor area of an ADU shall be no more than 50 percent of the primary
dwelling unit's total floor area. The total floor area of an ADU shall not be less
than 300 square feet.
The ADU shall not have separate utility connections. The primary residence
and ADU must be served by shared municipal water, sanitary sewer, gas, and
electric utility services. If not served by municipal sewer and water, the primary
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residence and ADU shall meet the private well and septic requirements of the
City Code.
An ADU shall be designed and maintained so as to be consistent with the
architectural design, integrated materials, style, appearance, and character of
the primary residence as a single-family residence.
A minimum of two off-street parking spaces (enclosed or on a driveway) shall
be required for the ADU.
ADUs must be constructed on a permanent foundation with no wheels.
The property shall only have one address. The ADU may not be addressed
separately from the primary residence.
The ADU may not be subdivided or otherwise segregated in ownership from
the primary residence structure.
An ADU shall be constructed and maintained in accordance with all state laws
and state building, plumbing, electrical, mechanical, and fire code regulations
and City Code requirements.
An ADU cannot be rented separately from the primary residence.
2. RUN WITH THE LAND. The covenants and restrictions set forth in this
Declaration shall run with the Subject Property, shall be recorded with Hennepin County against
the title to the Subject Property, and shall be binding upon and inure to the benefit of the City and
the Declarants named herein, their successors, heirs, and assigns, and any other person or entity at
any time hereafter who shall become the owner of the Subject Property.
IN WITNESS WHEREOF, as of the day and year first hereinabove written, the
Declarants and the City have executed this Declaration.
Remainder of page intentionally left blank.
Signature pages follow.
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CITY OF ORONO:
By:
r
Dennis Walsh, Mayor
By:
Adam T. Edwards, City Administrator
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this 2 2-- day of )AW
2024 by Dennis Walsh and by Adam T. Edwards, respectively the Mayor and Interim 1ty
Administrator of the City of Orono, a Minnesota municipal corporation, on behalf of the
corporation and pursuant to the authority granted by its City ou cil.
E S. LUSIANNotyPbliNotaryPublic
z y State of Minnesota
y My Commission Expiresr ,;y
r4:r January31, 2027
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DECLARANTS:
l
Michael Clark
Marcy Clark
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this 4n da ofy ,
2024 by Michael Clark and Marcy Clark, married to each other.
SAM"Nwadowsm — )
A 6 N' K fh
CHRISTINE MARY MATTSON Notary Public
NOTARY PUBLIC
MINNESOTA
My Cordon Expk" Jan. 31,
THIS INSTRUMENT DRAFTED BY:
CAMPBELL KNUTSON, P.A.
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
Telephone: (651) 452-5000
SMM/mkl
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MORTGAGE HOLDER CONSENT
TO
DECLARATION OF RESTRICTIVE COVENANT
WELLS FARGO BANK, N.A., a corporation organized and existing under the laws of United
States of America, which holds a Mortgage on all or part of the property more particularly described in
the foregoing Declaration of Restrictive Covenant, which Mortgage is dated October 25, 2019 and was
recorded November 1, 2019 as Hennepin County, Minnesota, Document No. A 10720009, for good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby
consents to, and is subject to the foregoing Declaration.
Dated this day of ti , 2024.
WELLS FARGO BANK, N.A.
By:
Kia Moua [print name]
Its XhCe, res Al -eCl -ls` [title]
STATE OF MINNESOTA )
ss.
COUNTY OF Hennepin )
The foregoing instrument was acknowledged before me on .1 dayof a n r U
2024, by Kia Moua the VICE PRESIDENT of Wells Fargo Bank,
N. A., a national banking association.
THIS INSTRUMENT DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
Telephone: (651) 452-5000
SMM/mkl
VvI
ignature of notarial officer Katherine Klaire White
Notary Public
My commission expires: 0C.31.,
v4 KATHERINE KLAIRE WHITE
NOTARY PUBUC - WNNESOTA
MY COMMISSION EXPIRES 91/31/25
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